Council approves zoning changes for accessory dwellings

Susie Burke

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The Town Council last week increased the size limit for an accessory dwelling unit in town from 750 to 1,000 square feet.

At its Aug. 26 meeting, the council also changed the town zoning code to allow property owners to live elsewhere than on the property with the ADU.

The changes were approved 4-0 after a public hearing on the zoning code that included comments from two residents. Councilor Sam Flinkstrom was not in attendance at the meeting.

Information was presented by Planning and Community Development Director Jeff Brubaker, with input from Administrative Assistant Britney Spencer and Planning Board Chair Hershey Hirschkop.

Any residential property in South Berwick, whether a one- or multi-family unit, can be approved for the addition of one ADU as long as all requirements are met, Brubaker said. The unit can be within an existing home, attached to it, or in a separate building as long as construction satisfies existing codes.

Among the requirements, the ADU must be able to meet the added water and sewer needs and conform to property setback codes, Brubaker said.

In zone R1, which is part of the downtown area, setbacks from the property line require 20 feet in front of the dwelling and 15 feet on the sides, and the structures cannot cover more than 30% of the lot, according to Brubaker.

In another major change made in compliance with state law, the town can no longer require the owner of a property to live on the property, as it has in the past.

During the public hearing portion of the meeting, Sewall Road resident Maggie Raymond expressed concern over allowing owners to live off the property.

“It is unfortunate,” Raymond said. “I know you can’t do anything about state requirements (but) once you remove owner occupancy requirements, you’re entering investor territory.”

Raymond also questioned the increase in the acceptable size of ADUs to 1,000 feet, suggesting that size might change the character of the village.

Councilors responded that requirements to satisfy codes along with the high cost of building would likely limit what actually would be built. Hirschkop estimated a 1,000-square-foot unit would cost at least $200,000.

Kirk Estes, of Vine Street, an alternate member of the Planning Board, said he had hoped for a limit of 1,200 square feet but was fine with the compromise of 1,000 square feet. An ADU could benefit his son, who works in Portsmouth but can’t afford rents in this area, Estes said. In addition, he and his wife in retirement might be able to live in an ADU and rent their home, allowing them to afford to stay in the area, he added.

Additional parking places are not required for an ADU and that will not change, Brubaker noted.

If an ADU has already been built without permission but it meets all codes, the Town must grant it approval, according to town code.

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